B-227101, MAY 14, 1987, OFFICE OF GENERAL COUNSEL

B-227101: May 14, 1987

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PROCUREMENT - CONTRACT MANAGEMENT - CONTRACT PERFORMANCE - WORK SUSPENSION - ADMINISTRATIVE DISCRETION DIGEST: WHETHER CONTRACT PERFORMANCE SHOULD BE CONTINUED PENDING THE OUTCOME OF ALLEGED CRIMINAL INVESTIGATION IS A MATTER OF CONTRACT ADMINISTRATION FOR CONSIDERATION BY THE CONTRACTING AGENCY. WE ARE UNABLE TO TAKE ACTION ON YOUR REQUEST. WE POINT OUT THAT MATTERS INVOLVING CRIMINAL CONDUCT INCLUDING INVESTIGATIONS OF ALLEGED CRIMINAL MISCONDUCT AND ENFORCEMENT OF CRIMINAL LAWS ARE OUTSIDE THE SCOPE OF OUR BID PROTEST FUNCTION. WHETHER CONTRACT PERFORMANCE SHOULD BE CONTINUED PENDING THE OUTCOME OF THE ALLEGED CRIMINAL INVESTIGATION IS A MATTER OF CONTRACT ADMINISTRATION WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE PROCURING AGENCY AND NOT FOR CONSIDERATION UNDER OUR BID PROTEST FUNCTION.

B-227101, MAY 14, 1987, OFFICE OF GENERAL COUNSEL

PROCUREMENT - CONTRACT MANAGEMENT - CONTRACT PERFORMANCE - WORK SUSPENSION - ADMINISTRATIVE DISCRETION DIGEST: WHETHER CONTRACT PERFORMANCE SHOULD BE CONTINUED PENDING THE OUTCOME OF ALLEGED CRIMINAL INVESTIGATION IS A MATTER OF CONTRACT ADMINISTRATION FOR CONSIDERATION BY THE CONTRACTING AGENCY, NOT THE GENERAL ACCOUNTING OFFICE.

BLANE ENTERPRISES:

WE REFER TO YOUR LETTER TO OUR OFFICE DATED MARCH 4, 1987, IN WHICH YOU REQUEST THAT CONTRACT PERFORMANCE ON ALL TVI CORPORATION CONTRACTS AWARDED BY THE ARMY FOR THERMAL TARGETS BE SUSPENDED PENDING THE OUTCOME OF AN ARMY CRIMINAL INVESTIGATION ON TVI. WE ARE UNABLE TO TAKE ACTION ON YOUR REQUEST.

INITIALLY, WE POINT OUT THAT MATTERS INVOLVING CRIMINAL CONDUCT INCLUDING INVESTIGATIONS OF ALLEGED CRIMINAL MISCONDUCT AND ENFORCEMENT OF CRIMINAL LAWS ARE OUTSIDE THE SCOPE OF OUR BID PROTEST FUNCTION. SEE, E.G., RADIO TV REPORTS, INC.-- REQUEST FOR RECONSIDERATION, B-224173.2, OCT. 7, 1986, 86-2 CPD PARA. 403. ALSO, WHETHER CONTRACT PERFORMANCE SHOULD BE CONTINUED PENDING THE OUTCOME OF THE ALLEGED CRIMINAL INVESTIGATION IS A MATTER OF CONTRACT ADMINISTRATION WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE PROCURING AGENCY AND NOT FOR CONSIDERATION UNDER OUR BID PROTEST FUNCTION. SEE GTC GROUP-- RECONSIDERATION REQUEST, B-218447.5, JULY 9, 1986, 86-2 CPD PARA. 46; ALBERT CONSTRUCTION COMPANY, B-224437, SEPT. 15, 1986, 86-2 CPD PARA. 303.

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